Coffee v. Coffee

• Decision Date: 14 July 1897
• Citation: 101 Ga. 787,28 S.E. 977
• Parties: COFFEE v. COFFEE.
• Court: Georgia Supreme Court

28 S.E. 977

101 Ga. 787

COFFEE

v.COFFEE.

Supreme Court of Georgia.

July 14, 1897.

Divorce — Decree for Alimony—Modification.

Where, in the progress of a suit for a di-•vorce, upon the application of the wife for an allowance of alimony, temporary and permanent, a decree by consent of parties is rendered, wherein a sum certain is awarded to the wife, to be paid at stated intervals, and to be by her applied to the support of the minor children, who were, by the same decree, committed to her care, after the termination of the divorce suit, and the rendition of a final decree therein, which was not excepted to, the decree allowing alimony passes beyond the discretionary control of the circuit judge, and he has then no authority either to abrogate it or to modify its terms, unless the power to do so is reserved in the decree. The power to revise and review allowances of alimony, which is vested in the judges of the superior courts by section 2459 of the Civil Code, applies exclusively to the revision and review of allowances of temporary alimony.

(Syllabus by the Court.)

Error from superior court, Hall county;'J. J. Kimsey, Judge.

Application by Joel Coffee for relief from decree of alimony granted to N. L. Coffee In a previous suit for a divorce. Respondent's demurrer to the application was overruled, and she brings error. Reversed.

S. C. Dunlap and G. H. Prior, for plaintiff in error.

J. B. Estes and F. M. Johnson, for defendant in error.

ATKINSON, J. On the 22d day of January, 1891, by consent of both the parties at interest, a decree was rendered in an alimony proceeding that the custody of the minor children of the parties litigant should be committed to the wife until they arrived at their majority, and, among other provisions for the support of the wife and children, was one to the effect that the husband should pay to the wife the sum of five dolllars per month on the last day of each month, to be appropriated by her towards the support of the children; that the wife should have the control, and assume the support and education, of the minor children, and not again appeal to the courts on her own account or that of the children for support or alimony from the husband, provided she does not waive any rights the children may have as heirs or legatees of their father, but waives and renounces all right for herself as such heir or as widow; and that the husband have the right to visit his children, and the wife do nothing to interfere with their kind and friendly relations, provided in such visits he act in a courteous manner towards her; this decree to be enforced in her favor against him by execution or attachment or both. This provision was in full settlement of both temporary and permanent alimony, and subsequent to the making of this decree a total divorce was granted between the parties. Subsequent to the grant of this total divorce, the husband filed an application to be relieved from the payment of the monthly allowance provided for in the decree to which...